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Full-Text Articles in Law
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle
Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
UIC Law Open Access Faculty Scholarship
Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, 39 Hastings Const. L.Q. 357 (2012), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
In the 1990 case of Employment Division v. Smith, a sharply divided Supreme Court abandoned the routine application of strict scrutiny when considering Free Exercise Clause claims seeking exemption from generally applicable legal duties or prohibitions. The Court returned to an older view of the Free Exercise Clause as protecting believers only from government acts that were aimed specifically at beliefs, and that grew out of hostility to the religion rather than a desire to further legitimate secular goals.
Reaction to Smith was largely negative, and legislative and state court responses followed, seeking to restore strict scrutiny as the appropriate …
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
UIC Law Open Access Faculty Scholarship
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Special Public Purpose Forum And Endorsement Relationships: New Extensions Of Government Speech, 31 Hastings Const. L.Q. 71 (2004), Mary Jean Dolan
The Special Public Purpose Forum And Endorsement Relationships: New Extensions Of Government Speech, 31 Hastings Const. L.Q. 71 (2004), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Hasta La Vista, Baby: Es Hora De Decir Adios A La Ley De Libelo Y Calumnia De 1902, 73 Rev. Jur. U.P.R. 59 (2004), Alberto Bernabe
Hasta La Vista, Baby: Es Hora De Decir Adios A La Ley De Libelo Y Calumnia De 1902, 73 Rev. Jur. U.P.R. 59 (2004), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler
UIC Law Open Access Faculty Scholarship
The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle
Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Que Descanse En Paz: La Causa De Accion Por Difamacion De Personas Fallecidas, 70 Rev. Jur. U.P.R. 917 (2001), Alberto Bernabe
Que Descanse En Paz: La Causa De Accion Por Difamacion De Personas Fallecidas, 70 Rev. Jur. U.P.R. 917 (2001), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Another Attempt To Solve The Prior Restraint Mystery: Applying The Nebraska Press Standard To Media Disclosure Of Attorney-Client Communications, 18 Cardozo Arts & Ent. L.J. 307 (2000), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Perdon, Si Es Que Te He Faltado: Retractaciones En Casos De Difamacion, 68 Rev. Jur. U.P.R. 635 (1999), Alberto Bernabe
Perdon, Si Es Que Te He Faltado: Retractaciones En Casos De Difamacion, 68 Rev. Jur. U.P.R. 635 (1999), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe
Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.